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The Forum > General Discussion > Malcolm Turnbull for Prime Minister, Sooner Rather Than Later

Malcolm Turnbull for Prime Minister, Sooner Rather Than Later

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o sung wu,

"...On a personal note, I (personally) don't believe the Royal Commissioner, HEYDEN J would have a bias. He is a very august jurist held in the highest regard by all those in the legal profession."

Here's what Dyson Heydon thinks on the matter - his words:

"It is fundamental to the administration of justice that the judge be neutral. It is for this reason that the appearance of departure from neutrality is a ground for disqualification. Because the rule is concerned with the appearance of bias and not the actuality, it is the perception of the hypothetical observer that provides the yardstick. It is the public's perception of neutrality with which the rule is concerned."

Sums up succinctly what this is all about.
Posted by Poirot, Friday, 21 August 2015 3:15:48 PM
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otb,

It's not just Mr Shorten and Labor but - as with all political parties -
they undoubtedly select platforms that they feel will
win them votes with the electorate. For example, Mr Abbott and
the Coalition did precisely that with choosing
the "Carbon Tax," and "Stop the Boats,"
issues during the last election.

If the electorate would not have been concerned about those
issues - they would not have been raised.

Of course politicians don't always get the mood of the
electorate right as history has shown.
Posted by Foxy, Friday, 21 August 2015 6:13:09 PM
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Dear Poirot,

Thanks for that quote - "straight from the
Horse's mouth," so to speak.

It does then sum up the situation succinctly,
as you put it.

His position appears to be untenable.
He now has to do the right thing.
Justice must not only be done.
It must be seen to be done.

I dare say that the Justice will resign. He's an
intelligent man and he must realise that if he
stays he would be throwing away the good reputation
he spent a lifetime acquiring.
Posted by Foxy, Friday, 21 August 2015 6:29:09 PM
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Foxy,

"I dare say that the Justice will resign. He's an
intelligent man and he must realise that if he
stays he would be throwing away the good reputation
he spent a lifetime acquiring."

Actually, I think you're right.

He's got nothing to gain by staying (under the circumstances) - and everything to preserve by resigning.
Posted by Poirot, Friday, 21 August 2015 6:39:32 PM
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Hi there FOXY & POIROT...

As much as it pains me to say, I'm inclined to agree with you both. He should seriously consider stepping aside, and have government appoint another equally eminent jurist to step into the role of Royal Commissioner. If for no other reason, of giving the appearance of total neutrality both to the installation of the RC himself, and the Commission, in toto.
Posted by o sung wu, Friday, 21 August 2015 8:56:01 PM
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Compatrots Foxy and Poirot, this old lefty says; Heydon will not resign yet I hear what you say and certainly agree, he should go!
Posted by Paul1405, Friday, 21 August 2015 9:03:31 PM
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